APEC economy: Canada; Jurisdiction: Ontario

Temporary practice ('fly-in, fly-out' practice)

There is no express rule allowing temporary practice by foreign lawyers.

Limited licensing of foreign lawyers (foreign legal consultant rules)

A foreign lawyer may obtain a limited licence, referred to as a “permit”, entitling them to offer advisory services in foreign and international law (ie become a foreign legal consultant).

By-law 14 made under the authority of the Law Society Act regulates the granting of an FLC permit.

Foreign lawyers may only apply if the jurisdiction in respect of the law of which he or she wishes to give legal advice has provisions respecting the giving of legal advice by a licensee in that jurisdiction respecting the law of Ontario or Canada that are reasonably comparable to the Ontario provisions. In order to meet the requirements a foreign legal consultant must:

As to scope of practice, foreign legal consultants may only practise the law of the jurisdiction(s) where they are licensed, and are prohibited from handling trust monies. FLCs cannot provide legal advice or services regarding the law of Ontario unless they are also members of the Law Society of Upper Canada.

In order to offer advisory services in foreign and international law, a foreign legal consultant is not required to enter a commercial association with local lawyers.

Full licensing

A foreign lawyer can obtain a full licence to practise law in this jurisdiction.

The relevant legislation is the Law Society Act and the Law Society By-laws.

In order to obtain a full licence to practise law in this jurisdiction, foreign lawyers must apply to the National Committee on Accreditation for evaluation of the legal credentials and experience, in the same manner as for other Canadian jurisdictions. Once the foreign lawyer obtains the NCA certificate he or she may apply to enter Ontario’s licensing process.

Commercial association between lawyers and law firms

In this jurisdiction:

Other regulatory issues

In this jurisdiction:

Contacts

Category Name Website or other contact details
Organisation(s) that controls licensing of lawyers The Law Society of Upper Canada www.lsuc.on.ca
Peak professional association representing the legal profession Ontario Bar Association www.oba.org
Other associations playing a significant role in developing policy for the legal profession Federation of the Law Societies of Canada www.flsc.ca

Other issues

In Canada, regulation of the legal profession is the exclusive responsibility of the Provincial and Territorial Law Societies. Law Societies are mandated by provincial law and territorial legislation to regulate the profession in the public interest. This includes setting rules governing admission to the profession. As such, the regulation of foreign lawyers who wish to practise in Canada is governed by the rules of the individual Law Societies. Law Societies are not representatives of, or advocates for, the profession. That role is fulfilled by organisations such as the Canadian Bar Association and its branches.